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2022 DIGILAW 1162 (JHR)

Dhiraj Kumar Gupta v. State of Jharkhand

2022-09-14

RAJESH SHANKAR

body2022
JUDGMENT : 1. The present writ petition has been filed for commanding upon the respondent authorities not to demolish the rented shops of the petitioners situated beside the road on three sides along the boundary of the office of Giridih Municipal Corporation and to set aside the notices dated 02.06.2022 and 09.06.2022 issued by the Deputy Municipal Commissioner, Giridih- the respondent no.7 to the petitioners. 2. Learned counsel for the petitioners submits that Giridih Municipal Corporation constructed twenty two shops about eighteen years ago along the boundary of its building premises on eastern, southern and northern sides and allotted the same on rent to the petitioners thorough agreements and since then they have been in possession of the respective shops carrying on their businesses. These shops are the only source of livelihood of the petitioners, their staff and family members. It is further submitted that at the time of agreement with Giridih Municipal Corporation, the petitioners had deposited security money and have also been paying fixed monthly rent for which they have been issued rent receipts by the Corporation. As per the agreement, half of the monthly rent of some of the shop owners/ petitioners are being regularly adjusted from the deposited security money, while others are paying full monthly rent without any adjustment from security deposit. It is further submitted that new building of Giridih Municipal Corporation is to be constructed by Jharkhand Urban Infrastructure Development Company Limited (JUIDCO), Ranchi and as such the respondent no.5 issued letter dated 14.02.2022 to the respondent no.7, asking for vacating the existing municipal office and shops. Pursuant to the said letter, the process for shifting of Giridih Municipal Corporation has started. However, several pieces of land are available with the respondent nos. 6 and 7 for construction of new building of Giridih Municipal Corporation so as not to demolish the existing building which can be used by the district administration for different other purposes. In spite of that, the petitioners were issued notices dated 02.06.2022 by the respondent no.7, directing them to vacate the rented shops within 15 days of the receipt of the same. The petitioners were again issued notices on 09.06.2022, informing that subsequent to vacating their shops, they would be allotted new shops through lottery to be held on 13.06.2022 in the office of the Municipal Corporation, Giridih. The petitioners were again issued notices on 09.06.2022, informing that subsequent to vacating their shops, they would be allotted new shops through lottery to be held on 13.06.2022 in the office of the Municipal Corporation, Giridih. The petitioners submitted their replies to the aforesaid notices, requesting to allot shops to them at the same location, as their business were continuing there for many years, however, no action was taken on it. It is also submitted that the Municipal Commissioner, Giridih Municipal Corporation, Giridih has demanded 03 acres of land from the Urban Development and Housing Department, Government of Jharkhand for construction of new building, whereas the area where the construction has been proposed is only 65 decimals and thus it is not suitable for the same. There is an alternative place just 250 meters away, namely, ‘Old Mandal Kara’ in front of ‘Giridih Jhanda Maidan’ measuring an area of more than 03 acres. Under such circumstance, the construction may either be shifted to that place so that the petitioners’ shops may exist at the present place or they may be provided shops in ‘Old Mandal Kara’ area which will be suitable for running their business. 3. On the contrary, learned counsel for the respondent no.7 submits that shops have been constructed at Municipal Corporation Market (Whitty Bazar), Vending Zone, near Bus stand and Bus Stand Campus for shifting the petitioners for their livelihood, which are situated approximately at the distance of 500 meters to one kilometre from their existing shops. It is further submitted that vide letter dated 09.06.2022, the petitioners were informed to participate in the process of allocation/allotment of shops through lottery, which was scheduled to be held on 13.06.2022, but the same failed as the petitioners did not turn up and are adamant to continue at the old place rather than shifting to the available vacant places provided by the Giridih Municipal Corporation. In fact, pursuant to up-gradation of Municipal Council, Giridih to Municipal Corporation, Giridih vide Notification No.6156 dated 25.09.2017 issued by Urban Development and Housing Department, Government of Jharkhand, its old/new technical officers/staff were facing lot of problems due to insufficient rooms/working place in the existing building. In fact, pursuant to up-gradation of Municipal Council, Giridih to Municipal Corporation, Giridih vide Notification No.6156 dated 25.09.2017 issued by Urban Development and Housing Department, Government of Jharkhand, its old/new technical officers/staff were facing lot of problems due to insufficient rooms/working place in the existing building. For supervision/ execution work of proposed schemes of the State and the Central Government, it was necessary to build a new spacious building of Giridih Municipal Corporation and as such vide letter no.1355 dated 12.07.2018, the Municipal Commissioner, Giridih Municipal Corporation wrote letter to the Secretary, Urban Development and Housing Department, Government of Jharkhand, requesting inter alia to make arrangement of 03 acres of land for construction of new building. It is further submitted that there is no provision for construction of shops in the proposed/new building of Giridih Municipal Corporation in the DPR made by Consultant Company, namely, M/s. Mass N Void Design Consultants. In the said DPR, which has been approved by the State Government, there is a provision for construction of only administrative building of Giridih Municipal Corporation. 4. Learned counsel for the respondent-JUIDCO submits that a tender was invited by JUIDCO for construction of new building of Giridih Municipal Corporation and finally a consultant company, namely, M/s. Mass N Void Design Consultants was selected for the said project and to that effect an agreement was executed on 08.07,2021 between JUIDCO and the said consultant company. It is further submitted that the said consultant company submitted the DPR, which was approved by the Urban Development and Housing Department, Government of Jharkhand. Thereafter, a notice inviting tender for the said work was issued by JUIDCO vide NIT No.JUIDCO/MB/Giridih/436/2021-22 dated 28.12.2021 and a contractor, namely, M/s. Niranjan Rai was selected for executing the said work. 5. Heard the learned counsel for the parties and perused the materials available on record. The petitioners have challenged the construction of new building of Giridih Municipal Corporation in place of old one as also the decision of the respondent authorities to demolish the existing shops situated at the periphery of the old municipal building and to shift those to some other places. 6. The grievance of the petitioners is that they are in occupation of the said shops as tenants of Giridih Municipal Corporation under valid tenancy agreement for more than eighteen years and they also use to pay the rent to the Corporation regularly. 6. The grievance of the petitioners is that they are in occupation of the said shops as tenants of Giridih Municipal Corporation under valid tenancy agreement for more than eighteen years and they also use to pay the rent to the Corporation regularly. As such, they cannot be evicted from the said shops, rather the construction of the new building of the Giridih Municipal Corporation should be shifted to an alternative appropriate place. 7. This Court is of the considered view that the respondents have sufficiently justified the construction of new building, as due to up-gradation of Municipal Council, Giridih to Municipal Corporation, Giridih, there is a need of spacious building for smooth functioning of the Corporation. The DPR of the proposed building has been prepared by a consultant company, namely, M/s Mass N Void Design Consultants and the same has finally been approved. The administrative sanction of the same has also been given by the Urban Development and Housing Department, Government of Jharkhand. The said work has been awarded to one M/s Niranjan Rai and an agreement for the same has also been executed on 15.03.2022 between the JUIDCO and the said contractor. The Municipal Corporation has already vacated the old building and vide letter dated 04.06.2022 issued by the respondent no.7 to the said contractor, permission has been given to dismantle the existing old building including the shops in question. Otherwise also, the petitioners have not been able to show their legal right to continue with the possession of the said shops. The agreements brought on record reveal that the term of tenancy has already expired. Presently, the petitioners are in occupation of the said shops on payment of monthly rent without any valid agreement, which can at best be regarded as month to month tenancy and as such they cannot claim continuance with their occupation in the said shops. 8. In view of the aforesaid facts and circumstance, it will not be appropriate for this court to interfere with the construction of new building of Giridih Municipal Corporation and, thus, the petitioners are required to vacate their respective shops. Accordingly, the petitioners are directed to vacate the shops occupied by them within fifteen days from the date of this order. 9. Accordingly, the petitioners are directed to vacate the shops occupied by them within fifteen days from the date of this order. 9. So far as the issue of shifting of the petitioners is concerned, the respondent-Corporation has taken decision to accommodate them at some other places and in that regard they have selected few shops at Municipal Corporation Market (Whitty Bazar), Vending Zone, near Bus Stand and Bus Stand Campus as in the DPR made by the consultant company, there is no provision for construction of shops in the new building premises. Hence, it is not possible to accommodate the petitioners at the said place. However the offered places are not acceptable to the petitioners on the ground that those are not suitable for their business being situated in the outskirts of the township whereas the present place is in a populated area and as such it is not possible for them to accept the proposal of the Corporation for shifting of their shops to the said places. According to the petitioners, they have been offered 12 shops in Municipal Corporation Market (Whitty Bazar), a weekly market, which runs only on Sunday and on other days there use to be no seller or purchaser. Thus, on rest of the days, the said place remains vacant attracting the criminals. Moreover, 10 shops were offered in the vending zone which is completely away from population of the township and is extremely deserted as well as situated near Kasai Mohalla. Two shops have been offered in Bus stand campus situated in the farthest corner of the bus stand which were vacant for years and the adjoining shops are for vehicle service and repair where hardly any purchaser visits. Due to the said reason, the petitioners did not participate in the lottery process and submitted written application to the respondent no.7 to consider their grievance. 10. Since the respondent-Corporation itself has decided to accommodate the petitioners at some other places, keeping in view the business interest of the petitioners, the respondents may consider their request after vacating the shops by them and may select/offer other places for accommodation of their shops. This exercise shall be completed by the Corporation within two months from the date of this order. 11. The writ petition is, accordingly, dismissed with the aforesaid observation and direction. 12. I.A. No.4988 of 2022 is also dismissed.